A HOMEOWNER TRYING TO BEAUTIFY HIS PROPERTY IN HIS NEIGHBORHOOD BY PLANTING TREES HAS RUN AFOUL OF THE HOMEOWNER'S ASSOCIATION. THEY FINED HIM $5,000! WESH 2'S DAN BILLOW REPORTS, HE WAS FINED $100 A DAY BECAUSE HIS TREES WERE ABOUT THREE FEET TOO SHORT. I LOVE THESE TREES. JUST OVER A YEAR AGO, PAT FITZGERALD PLANTED TWO MAGNOLIAS IN FRONT OF HIS MERRITT ISLAND HOME. THE SAME TREE THAT'S LINE MUCH OF THE SUBDIVISION. HIS HOMEOWNER'S ASSOCIATION FINED HIM $100 A DAY UNTIL THE TOTAL REACHED $5,000. I HAVE TO TAKE THE TWO TREES UP IN 20 DAYS AND THEY WON'T FINE ME $5,000. THE PROBLEM IS NOT THE PRESENCE OF THE TREE OR EVEN THE TYPE OF TREE. THIS TREE FOR EXAMPLE IS OKAY. THE PROBLEM IS THE HEIGHT. THE OTHER TWO ARE TOO SMALL. RIVER GROVE REQUIRES ITS STREETS TO LOOK LIKE THIS WITH EVENLY SPACED MAGNOLIAS OR OTHER TREES ALL OF MATCHING SIZE. NEW TREES ARE REQUIRED TO BE AT LEAST SIX FEET TALL. FITZGERALD'S ARE TWO OR THREE FEET TALL. BUT THERE ARE AREAS IN THE SUBDIVISION WHERE MAGNOLIAS AREN'T DOING WELL. FITZGERALD BELIEVES THE TREES WILL GROW BETTER IF THEY'RE STARTED SMALLER AND HIS TWO SMALL ONES ARE THRIVING. I DON'T THINK THEY'RE BRINGING DOWN PROPERTY VALUE. HOMEOWNER'S ASSOCIATION LEADERS TOLD ME THEY'RE ONLY ENFORCING AN AGREEMENT FITZGERALD MADE WHEN HE MOVED IN. BOTH SIDES SAY THERE IS NO UNDERLYING DISPUTE. A VICE PRESIDENT SAID FITZGERALD WANTED TO MAKE A NURSERY OUT OF AN AREA CONTROLLED BY THE HOA AND WE SAID NO. THE DESERT STORM VETERAN IS STORMED. I COME BACK TO THIS COUNTRY AFTER THAT TIME AND IT'S FUNNY I DON'T HAVE THE RIGHT TO PLANT A TREE IN FRONT OF MY HOUSE. THERE'S SOMETHING WRONG THERE. FITZGERALD SAYS HE DOESN'T HAVE MONEY FOR A LEGAL FIGHT OR FINE. HE'S ALREADY SPENT $1,500 ON MEDIATION.